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ARTICLE · 20 MARCH 2019

Cracking the code: Queensland Court of Appeal provides clarity for code assessable development under Planning Act

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This decision clarifies the assessment rules under Queensland's planning legislation for 'code assessable' development.

AustraliaReal Estate and Construction
Samuel Volling
Samuel Volling
Odette Malpas-Haussmann
Odette Malpas-Haussmann
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A new decision of the Court of Appeal has clarified the assessment rules under Queensland’s planning legislation for 'code assessable' development.

On 12 March 2019, the Court of Appeal (Court) delivered its judgment in the matter of Brisbane City Council v Klinkert [2019] QCA 40.

The decision is important in clarifying the assessment and decision-making requirements of the Planning Act 2016 (Qld) (Planning Act) in relation to code assessable development.

The legal context

The key issue in the case was how certain provisions of the Planning Act in relation to code assessable development should be construed.

In particular, the case addressed an apparent discrepancy between three provisions of the Planning Act – sections 45(3), 45(7), and 60(2).

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